Copyright Infringement Notice
Receiving a copyright infringement or cease and desist letter can be an overwhelming and stressful experience. Sometimes these claims are valid, but in other cases, they may be unfounded or exaggerated. Often, the demands made in such letters far exceed the actual value of a license for the copyrighted material or any damages the sender is likely to receive, if litigated. It is not uncommon for attorneys or others sending these letters to use intimidating language and quote maximum penalties in an attempt to pressure recipients into paying large sums.
Engaging an experienced copyright attorney can be invaluable in these situations. First, it can take something off your plate that you may not know much about and can free up your time to concentrate on running your business. Second, and more importantly, a knowledgeable copyright attorney can help you assess the legitimacy of the claims, strategize and prepare a plan on how to respond to the copyright demand, and can work for you to minimize any potential liability and to eliminate or reduce any monies you might pay.
INTELLEQUITY is an experienced copyright law firm that has helped many others like you in similar situations either beat the claim outright, or substantially reduce the amount paid. I have also provided relief to the anxiety my clients face when having to deal with these unfamiliar situations all alone. Beyond helping to reduce your stress, I can provide you with an objective perspective in guiding you in making informed decisions about your copyright infringement matter. I stand ready to help you fight!
Conversely, if you believe someone is infringing your copyrighted work, this can also be a challenging and frustrating situation. I can assist by drafting a legally sound cease and desist letter that clearly communicates your rights and the infringing nature of the other party’s actions. Additionally, I can advise you on the appropriate next steps if the infringement continues. With my experience and knowledge, I am committed to helping you protect your copyright and enforce your intellectual property rights.
To learn more about the copyright infringement process, read the sections below. When ready, either call us at 503-877-0881 or feel free to save some time and book a low cost,1/2 hour detailed copyright infringement consultation.
Receiving a Copyright Infringement Notice
Receiving a copyright infringement letter can be extremely stressful. It can be unsettling to learn that someone is accusing you of violating their intellectual property rights. However, it is important to remain calm and respond in a timely and professional manner.
With advances in AI technology, software can now search the internet and identify the sources of copyrighted materials, including text, images, videos, and even content embedded in PDFs. As a result, the frequency of copyright infringement notices being sent has increased drastically over the last few years, and these notices should not be ignored!
Some of the law firms that send these valid legal notices are many times referred to as copyright trolls, as they use the technologies mentioned above to send hundreds and thousands of copyright demand letters to people just like you. Because so many letters are sent out by some of these firms, it may not take the time or resources to investigate each and every alleged infringement and the demand, after understanding all the facts and circumstances, may be questionable (from several perspectives) and will seek disproportionate damages from alleged infringers.
These firms may use intimidating tactics or quote maximum federal copyright damages law to pressure individuals into paying large settlements. While some claims are legitimate, many are questionable and are intended to extract more money than the copyright is worth.
Despite this, it is important not to ignore these letters. They are often sent by parties familiar with the legal system who rely on the fear these notices create. Failing to respond could result in a copyright infringement lawsuit being filed against you.
WHAT DOES INTELLEQUITY ASSESS WHEN HELPING CLIENTS IN THESE MATTERS?
INTELLEQUITY understands the law in copyright. In some cases, the copyright demand letter may lack merit, either because the sender does not represent a legitimate copyright holder or because the claim itself is not valid, for several reasons.
Even if there is some basis for the claim, there may be defenses available to you, such as Fair Use, Laches or other defenses, that could either negate any alleged infringement completely or can reduce any unrealistic damage expectations the copyright holder may have.
Finally, even if infringement is clear, I have the knowledge and experience to understand the realistic value of an infringement, and I can use that knowledge and experience to help negotiate an acceptable and fair outcome for you: An outcome that is usually quite different from what the copyright letter is demanding.
HOW DOES INTELLEQUITY HELP?
My first step is to notify the sender that I now represent you and direct the sender to send all future communications to my office. This way, they will no longer be allowed to contact you and you can receive a little more piece of mind. I also request additional information from the sender that can help me better understand the strength of their claim and/or the strength of your defense, if any.
After that, I carefully review the demand letter and the additional information provided to begin evaluating both case law and practical concerns that affect both the validity and value of the copyright holder’s claims. You may have a legal reason for using the material (perhaps you have some type of license or maybe you have a fair use defense). There are other exceptions, but each situation must be assessed based on its own specific facts.
If the claims appear legitimate, it is important to act quickly to address the issue and to prevent further infringement. Such actions typically include removing the content in question. Even if you doubt the claim, it is safer to take precautionary steps. It may then become necessary to engage in negotiations to reduce the amount demanded and to get a settlement agreement in place that will absolve you of any other liability for the claim.
Consulting an experienced copyright attorney is highly recommended to evaluate your situation and develop a response strategy that protects your rights and helps you to avoid any unnecessary litigation costs or reduces any potential damages. With the right guidance and approach, you can navigate the complexities of copyright infringement demand letters and resolve the matter effectively and many times for far less than what has been demanded. If you have received a copyright cease and desist letter, consider booking a low-cost consultation today.
Sending a Copyright Infringement Notice
Believe someone is infringing on your copyrighted work? Intellequity can help! Copyright infringement can be a frustrating problem to deal with, but it's important to take action in order to protect your intellectual property.
The first step is to evaluate the strength of your claim (including whether it is registered). You do not want to be seen as a copyright troll or find yourself in court pursuing a questionable claim, losing and then getting slapped with having to pay the other side's attorney's fees.
If after that evaluation it appears you have a legitimate copyright claim, I can send a carefully drafted and persuasive cease and desist letter to the infringing party, demanding that they stop using your work and requesting monetary damages. Doing so makes it more likely they will cease the use and comply with any other demands.
If the infringing party does not respond to the letter, continues using the work or indicates that they will not stop use, it may be necessary to send a follow-up letter or take legal action. This can involve filing a lawsuit in state or federal court (if the work is federally registered) to stop the unauthorized use of your copyrighted work and potentially recover damages. Whatever steps you choose to take, it's important to act quickly and decisively to protect and defend your trademark.
If the other party responds and makes an offer of settlement, I can provide negotiation services in an attempt to get you as much as possible for the unauthorized and infringing use of the work in question.
With the right guidance and approach, you can navigate the confusing world of copyright infringement and come out on the other side better off. Want to send a copyright cease and desist letter? Book a low-cost consult today!
Copyright Infringement Letter FAQ's
1. Can I ignore the copyright infringement letter I received?
Ignoring a letter, even a seemingly frivolous one, could jeopardize valuable rights you may have and could worsen the situation. Never ignore one of these letters. Find competent counsel to analyze and respond as appropriate.
2. I received an infringement letter from Germany (or some other country). Is this a joke?
Never assume that the letter is a joke. Several firms attempt to circumvent the more strict copyright laws of the US by filing on behalf of a client from another country where the copyright laws are not as strict. If copyrighted material was used and it was copyrighted in another country, there could still be potential liability for any infringement.
3. This letter says I will owe $150,000 if I do not pay the requested amount, is this true?
This is a true statement, but in many cases, very unlikely. First, by statute, damages could be anywhere between $750 and $30,000, although this amount could be as little as $200 if the infringement is found to be innocent. The only time damages can get to $150,000 is if it were proven in court that the infringement was willful. Even where willful, the actual award will depend on several different factors, including the value of the work to the aggrieved party, and profits, if any, you received from using the work.
If you have additional questions, please call us at 503-877-0881, email us at info@intellequitylegal.com or book a consultation today!